Employment of Ex-Offenders – Risk Assessment Framework
Purpose:
to help establish the risk to the University of Sheffield in the
recruitment /employment of an ex-offender
For use by:
Department of Human Resources in conjunction with recruiting
managers where relevant
Introduced:
1.
November 2004
Background
This framework is to assist in the assessment of an applicant’s/employee’s
suitability for a post in the light of the individual’s criminal record
status/offending background. In all cases it should be noted that:

prior to undertaking this assessment, all members of staff involved are
required to have familiarised themselves with the University of Sheffield
Policy on the Recruitment and Employment of Ex-offenders.

it is important to maintain an open, non-judgemental attitude when
undertaking this assessment.

the aim of this procedure is to ensure that the applicant receives a fair and
objective assessment as part of the University’s commitment to preventing
unfair discrimination against ex-offenders.
For each Risk Assessment Framework review the following principles will
apply:
o the safety and well-being of students, staff and other stake-holders
will be the overriding priority at all times
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o maintaining the reputation and good standing of staff and the
University of Sheffield is vital
o the predetermined requirements of the post in question must be fully
met.
(a) For Posts which do not require a Criminal Records Check:
This assessment framework may be applied to assist assessing the potential
risk impact of employing a shortlisted applicant/recommended appointee
who has indicated that s/he has an unspent criminal record.
Under the
Rehabilitation of Offenders Act 1974, the applicant is not obliged to provide
details of any previous spent convictions, unless the post has been identified
as exempt from the act.
(b) For Posts which require a Standard or Enhanced CRB Disclosure:
As these posts are considered exempt from the Act, a satisfactory Disclosure
will be required from the appointee which will reveal all spent and unspent
criminal records. This assessment framework is to be applied if
i.
a shortlisted applicant or recommended appointee has indicated that
s/he has a current criminal record and/or a spent record in advance of
the Disclosure check being undertaken, and this information is
relevant to the post.
ii.
the results of a Disclosure do not appear to be satisfactory when
compared with the requirements of the post.
(c) For Posts which require a Basic Disclosure:
A satisfactory Basic Disclosure will be required from the appointee which will
reveal all unspent criminal records.
This assessment framework is to be
applied if
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i.
a shortlisted applicant or recommended appointee has indicated that
s/he has a current criminal record in advance of the Basic Disclosure
being undertaken, and this information is relevant to the post.
ii.
the results of a Basic Disclosure do not appear to be satisfactory when
compared with the requirements of the post.
2.
Framework for Assessment
Step One Suitability for the Post
Consider the applicant’s qualifications, skills, abilities and experience and
compare these with the requirements of the job description and person
specification.
Step Two Assessing the nature of the conviction and its relevance to the role
Question
Info
Comments/Assessment
Is this an post exempt
For posts exempt from
from the Rehabilitation of
the act, details of spent
Offenders Act 1974 i.e. an
records/convictions
excepted post - this
must be made known
includes positions of trust,
to the prospective
clinical areas, financial
employer. It is illegal
management, working
to employ certain
regularly children (aged
offenders in some
under 18 years),
occupations.
vulnerable adults or the
elderly.
continued over/
Question
Info
Comments/Assessment
3
Are other legal constraints
The Independent
applicable?
Safeguarding
Authority maintains a
list of people who
must not work with
children. (This list will
be checked as part of
an Enhanced
Disclosure for posts
which involve work
with children).
Are other legal constraints
The Independent
applicable - continued
Safeguarding
Authority maintains a
list of people who
must not work with
vulnerable adults. (This
list will be checked as
part of an Enhanced
Disclosure for posts
which involve work
with vulnerable adults).
Motoring convictions
would have an impact
on the appointment of
drivers.
Does the post involve
If yes, consider what
direct responsibility for
could happen and the
finance or items of value?
seriousness of that
eventuality.
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Does the post involve
If yes, consider what
direct contact with
could happen and the
members of the public?
seriousness of that
eventuality.
What type of crime was it
In general, custodial
and to what level?
sentences are more
serious and the longer
the sentence the more
seriously the Courts
viewed the crime at
that time.
continued over/
Question
Info
Comments/Assessment
How old was the
Rehabilitation periods
individual at the time of
are cut in half where
the crime?
the person was under
18 at the time of
conviction
Has the offence been
decriminalised since the
conviction?
Consider the country in
For example some
which the offence was
activities are offences
committed.
in Scotland and not in
England & Wales, and
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vice versa.
What were the
The applicant may be
circumstances of the
approached for more
conviction?
details
- when did it occur?
- was it a one-off or part
of a history of offending?
What evidence is there of:
- remorse?
Supporting evidence
may be available from
- motivation to change
specialist agencies e.g.
since the offence
Probation Service
occurred?
- successful rehabilitation?
Is the applicant likely to
Consider whether the
re-offend?
individual’s
circumstances have
changed since the
offence.
Will the post offer an
opportunity to re-offend?
continued over/
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Question
Info
Comments/Assessment
Consider whether the
Consider in particular
offence could create
whether one-to-one or
unacceptable risks for
unsupervised contact
might occur.
- other employees
- students/customers
- service users
- suppliers
- the public at large
- property
- the reputation of the
UoS.
How does the nature of
the crime relate to the
post in question?
What factors might
Consider supervisory,
decrease or increase risk?
location options
Consider the possible
insight and knowledge
that a reformed person
could bring to the role.
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Other comments:
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